Act on Public Consultants on Social and Labour Insurance
社会保険労務士法
Chapter III Rights and Obligations of Labor and Social Security Attorneys
The law as Act Partially Amending the National Pension Act, etc., and Other Matters, to Strengthen the Functions of the Pension System in Light of Socioeconomic Changes (Act No. 74 of 2025) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Chapter III Rights and Obligations of Labor and Social Security Attorneys第三章 社会保険労務士の権利及び義務
Article 15第十五条
Prohibition of Instructions for Wrongful Acts, etc.(不正行為の指示等の禁止)
Article 15, paragraph (1)
A labor and social security attorney must not give instructions on, respond to consultations on, or otherwise engage in similar acts concerning improperly receiving insurance benefits under the labor and social insurance laws and regulations, improperly evading the imposition or collection of insurance premiums under the labor and social insurance laws and regulations, or other acts in violation of the labor and social insurance laws and regulations.
Prohibition of Acts Damaging Credibility(信用失墜行為の禁止)
Article 16, paragraph (1)
A labor and social security attorney must not engage in conduct that harms the credibility or dignity of labor and social security attorneys.
社会保険労務士は、社会保険労務士の信用又は品位を害するような行為をしてはならない。
Article 16-2第十六条の二
Duties of Employed Labor and Social Security Attorneys(勤務社会保険労務士の責務)
Article 16-2, paragraph (1)
An employed labor and social security attorney must endeavor to handle appropriately and smoothly the affairs prescribed in Article 2 in which the labor and social security attorney engages at the place of business where the labor and social security attorney works.
A labor and social security attorney must endeavor to receive training conducted by labor and social security attorney's associations and the Federation and thereby to improve the labor and social security attorney's qualities.
When an employed labor and social security attorney has applied to attend the training prescribed in the preceding paragraph, the business owner must endeavor to give the labor and social security attorney an opportunity to attend, to the extent that doing so does not interfere with the operation of the business.
Attachment of Documents Stating Matters Examined, etc.(審査事項等を記載した書面の添付等)
Article 17, paragraph (1)
When a labor and social security attorney or a labor and social security attorney corporation has prepared a written application, etc. (limited to those specified by Order of the Ministry of Health, Labour and Welfare), it may, as specified by Order of the Ministry of Health, Labour and Welfare, state the matters that formed the basis for preparing that written application, etc. in a document and attach that document to the written application, etc., or add them as a note to the written application, etc.
When a labor and social security attorney or a labor and social security attorney corporation has been consulted about a written application, etc. (limited to those specified by Order of the Ministry of Health, Labour and Welfare) prepared by another person, has examined it, and has found that the written application, etc. has been prepared in accordance with the labor and social insurance laws and regulations, it may, as specified by Order of the Ministry of Health, Labour and Welfare, state in a document the matters examined and the fact that the written application, etc. has been prepared in accordance with the provisions of the labor and social insurance laws and regulations, and attach that document to the written application, etc., or add them as a note to the written application, etc.
When a labor and social security attorney or a labor and social security attorney corporation has made an attachment or added a note under the preceding two paragraphs, the labor and social security attorney concerned in that attachment or note must add, at the end of the attached document or the note, a note to the effect that the person is a labor and social security attorney, and write the person's name.
A labor and social security attorney who carries out, as a business and in return for remuneration at the request of another person, the affairs prescribed in Article 2 (excluding a member of a labor and social security attorney corporation; hereinafter referred to as a "self-employed labor and social security attorney") must not establish two or more offices for carrying out that business; provided, however, that this does not apply if the labor and social security attorney has obtained the permission of the Minister of Health, Labour and Welfare in a case of special necessity.
A member of a labor and social security attorney corporation must not establish an office for carrying out, as a business, the affairs prescribed in Article 2.
社会保険労務士法人の社員は、第二条に規定する事務を業として行うための事務所を設けてはならない。
Article 19第十九条
Keeping and Retention of Books(帳簿の備付け及び保存)
Article 19, paragraph (1)
A self-employed labor and social security attorney must keep books relating to the labor and social security attorney's business and enter in them the name of the case, the date on which the request was received, the amount of remuneration received, the address and name or title of the client, and other particulars specified by the Minister of Health, Labour and Welfare.
A self-employed labor and social security attorney must retain the books referred to in the preceding paragraph, together with the related documents, for two years from the time the books are closed. The same applies when the labor and social security attorney has ceased to be a self-employed labor and social security attorney.
A self-employed labor and social security attorney must not refuse a request (excluding one relating to dispute resolution procedure representation business) unless there are justifiable grounds.
A self-employed labor and social security attorney or a member of a labor and social security attorney corporation must not, without justifiable grounds, divulge or misappropriate any secret learned in connection with the business. The same applies after the person has ceased to be a self-employed labor and social security attorney or a member of a labor and social security attorney corporation.
Cases in Which Business May Not Be Conducted(業務を行い得ない事件)
Article 22, paragraph (1)
A labor and social security attorney must not conduct business with regard to a case that the labor and social security attorney has handled in the course of duties as a public officer of the State or a local government, or a case that the labor and social security attorney has handled as an arbitrator in arbitration proceedings.
A specified labor and social security attorney must not conduct dispute resolution procedure representation business with regard to the cases listed in the following items; provided, however, that with regard to the case listed in item (iii), this does not apply if the client of the case that the labor and social security attorney has accepted consents:
a case, as one relating to dispute resolution procedure representation business, in which the labor and social security attorney has received consultation from the other party and has assisted that party, or has accepted that party's request;
紛争解決手続代理業務に関するものとして、相手方の協議を受けて賛助し、又はその依頼を承諾した事件
Article 22, paragraph (2), item (ii)
a case in which the labor and social security attorney has received consultation from the other party as one relating to dispute resolution procedure representation business, where the extent and method of that consultation are found to be based on a relationship of trust;
another case commissioned by the other party of a case that the labor and social security attorney has accepted as pertaining to dispute resolution procedure representation business;
紛争解決手続代理業務に関するものとして受任している事件の相手方からの依頼による他の事件
Article 22, paragraph (2), item (iv)
a case in which the labor and social security attorney was personally involved and in which, during the period when the labor and social security attorney was engaged in business as a labor and social security attorney who was an employee of a self-employed labor and social security attorney or who was a member or employee of a labor and social security attorney corporation, that self-employed labor and social security attorney or labor and social security attorney corporation, as one relating to dispute resolution procedure representation business, received consultation from the other party and assisted that party, or accepted that party's request;
a case in which the labor and social security attorney was personally involved and in which, during the period when the labor and social security attorney was engaged in business as a labor and social security attorney who was an employee of a self-employed labor and social security attorney or who was a member or employee of a labor and social security attorney corporation, that self-employed labor and social security attorney or labor and social security attorney corporation received consultation from the other party as one relating to dispute resolution procedure representation business, where the extent and method of that consultation are found to be based on a relationship of trust.
Prohibition of Alliance with Persons Who Are Not Labor and Social Security Attorneys(非社会保険労務士との提携の禁止)
Article 23-2, paragraph (1)
A labor and social security attorney must not receive referrals of cases from a person who violates the provisions of Article 26 or Article 27, or allow such a person to use the labor and social security attorney's name.